The United States has tax treaties with nearly 70 countries to prevent double taxation and curb tax evasion. These treaties, based on Article II, Section 2 of the U.S. Constitution, are reciprocal and...
Real estate activities are highly regulated, and each state has laws governing specific prohibited practices as well as liabilities and penalties for violations. Explore this state law survey covering...
Contractual disputes regarding allegations of fraud are often complex, time-consuming, and expensive to litigate. Parties may amicably negotiate an acquisition agreement without even considering whether...
This practice note covers FDA prior notice requirements for imported food, including scope and exceptions, notification contents and timing, methods of submitting notice, and consequences for failing to...
Do you need guidance on drafting international employment contracts? Read our International Employment Agreements: Key Drafting Tips practice note, by John L. Sander, Michael Watts, and William Ellis,...
Drafting and negotiating a side letter is one of the most important, and delicate, interactions between fund and investor counsel. Funds in today’s marketplace should assume that most investors will demand side letters, and not just with respect to more favorable economic and/or governing terms, but also to address their specific needs in an increasingly complex investing environment. The provisions being sought in a side letter could be specific to a particular investor (e.g., those addressing an investor’s specific tax, regulatory, or policy issues) or be of the more traditional, “more favorable terms” variety that all investors would desire. If the private equity fund has many investors, particularly institutional investors, fund counsel may draft form side letter provisions that address each issue using the general partner's preferred language and terms. This helps to standardize the side letter process and ensures that each provision is consistent in the many side letters between the fund and its investors.
Read now »
Related Content
Practical Guidance Updates Featuring the latest updates from your Practical Guidance account.
Experience results today with practical guidance, legal research, and data-driven insights—all in one place.Experience Lexis+
The views expressed in externally authored materials linked or published on this site do not necessarily reflect the views of LexisNexis Legal & Professional.